1. What do you think would be the "fair" way to resolve this case?
2. (a) Should the company have waited to bring up this issue when the CBA was being renegotiated?
(b) Does it change your answer to know that the CBA was not to be renegotiated for three years?
3. The parties did not know why the company began paying double time to the 5/8 employees. If the practice began as an error on the part of a payroll clerk, would that fact change your opinion as to how to decide this case?